COVINGTON, Ga. — Lloyd Kerr is facing losing the job he has held since 2016 leading the county government’s day-to-day operations despite the chairman’s vow to retain him.
Kerr said today the county attorney told him state law requires a majority of the Newton County Board of Commissioners to vote to renew his employment contract past Jan. 1 even if the chairman issues a veto of the board’s recent 3-2 vote not to renew it.
Chairman Marcello Banes promised to veto the Board’s action in order to renew the contract and keep Kerr in the county manager position.
However, state law says any contract has to be approved by a majority of the governing body, Kerr said.
“The veto didn’t accomplish that so the contract would not be in place,” he said. “That’s how it’s not actually consistent with the state law.”
Kerr said he was “kind of in limbo right now.”
“I’m looking at all my options,” he said. “I would like to see what the board has in mind, at least what the majority does.”
Commissioners Demond Mason, Alana Sanders and J.C. Henderson were the three who voted against renewing the contract Nov. 2 and “as far as I know are (still) against the contract being renewed,” Kerr said. Commissioners Stan Edwards and Ronnie Cowan voted for renewal.
Kerr said he may be able to stay in the position after Jan. 1 without a contract if it is not renewed but he will not do so.
“Having a contract at this level position is standard,” he said. “The contract is meant to protect whoever is in this position from an emotional response, if you will, because of the political nature of the position.
“I would venture to say there is not an administrator or county manager in the state that does not have a contract or ... agreement that protects from the whim of a political body.”
Commissioners also reportedly were informed about the law’s impact.
County Attorney Patrick Jaugstetter declined to comment because it was a matter between an attorney and client. Mason declined comment because it was a “personnel matter,” he said. Sanders deferred a question about the law’s impact to the county attorney. Henderson could not be reached for comment.
Before the Nov. 2 vote, the three commissioners who opposed the renewal had been at odds with Kerr on a number of issues — most recently his cautious approach to giving out more than $10 million in COVID relief funds the county has held since May.
Some commissioners and District 113 State Rep. Sharon Henderson, D-Covington, had publicly questioned Kerr’s unwillingness to expedite county efforts to issue the federal American Rescue Plan funds to county residents needing money to cover rent and utilities due to COVID-related illnesses and job losses.
Kerr maintained the county needed to wait for final guidance from the U.S. Treasury Department to issue the money for fear of having to pay back any funds the federal government found had not been issued according to its changing guidelines.
He also in recent months publicly admonished commissioners for directly contacting employees under Kerr’s supervision about work projects — which he said was counter to what were defined duties in the county’s operating charter. However, some commissioners took issue with his statement because of what they said were delays in Kerr returning calls and the need for contacting county department heads in a more timely manner.
Banes said Nov. 2 he was vetoing the 3-2 vote not to renew Kerr’s contract because of the financial “leadership” Kerr had shown since his hiring in 2016.
Banes said Kerr had overseen a county government budget that increased its reserves from less than one month’s worth of operating funds in 2016 to more than five months’ worth this year.
Commissioner Alana Sanders said she had problems with Kerr’s job performance, such as his “insensitive” approach to dealing with the public — referring to audience members needing rent assistance hearing Kerr try to convince commissioners to wait on the funding because the eviction problem was not as widespread as reported.
Sanders also said she objected to the terms of Kerr’s contract because they put the county at “financial risk.” Among its requirements are payment of 75% of annual salary if the Board terminates the manager before the end of the contract.
Kerr was promoted from planning director to interim county manager in January 2016 and named to the permanent position in August 2016. His contract was renewed in early 2019.